Who will be my mediator?

Christine Kilby is the principal of Kilby Mediation and conducts all mediations booked through Kilby Mediation. You can read more about Christine or contact her to find out if mediation is right for your situation.

What is mediation?

In a mediation, the people involved in a conflict meet with the mediator to discuss and negotiate possible resolutions to their dispute. The mediator listens to all sides, asks questions to understand the key issues, and guides the process of discovering possible solutions. Unlike in a trial or arbitration, the mediator does not make a decision or impose any result on the parties. Mediation is confidential.

If you are not sure that mediation is right for your situation, contact Christine to discuss what might be best for your needs.

Is mediation like going to court?

Mediation is not the same as a court appearance. There is no judge or arbitrator tasked with deciding the outcome. Rather, mediation is an informal process where the parties to a conflict - in some cases, a legal conflict - discuss possible resolutions to the outstanding issues between them. Sometimes a mediation is mandatory as part of the court process, but the information exchanged at such mediations is still kept confidential. 

Do you mediate family law disputes?

Kilby Mediation does not mediate family disputes involving family law issues, divorce, support, or custody. For more information about family law mediation in the Toronto area, please refer to the Mediate 393 project.

How much will mediation cost?

The price for a mediation depends on how many parties there are, how complex the dispute is, and the length of the mediation. Pricing information is available here. 

I won't give in. I'm right!

Mediation is about negotiating with the other side, with the mediator's assistance. If you agree to a resolution, it should be because you feel the resolution is reasonable, not because you feel pressured to give in. The mediator is a neutral individual who does not decide who is right or wrong. Instead, the mediator's role is to assist you in crafting a solution that addresses your interests. Parties can prepare themselves to ensure the most productive mediation session possible.

What should I expect?

The mediation process usually occurs over a few hours up to a few days. It is most often done in person, although other options exist. The mediator's role is to design and lead a process by which people are able to discuss their dispute and find possible resolutions. The process is flexible and responsive.

In some cases, the mediator may meet with parties in advance of a larger mediation to better understand the conflict. Similarly, the mediator may remain available following the mediation, if the parties wish, to continue facilitating the negotiation of any unresolved issues.

When you come to mediation, you meet with the mediator and the other person(s) involved in the conflict. If lawyers are involved in the case, they are also present. Following some introductions, the mediator may invite the parties or their lawyers to share their stories and their goals for the mediation process. The mediator will ask questions to better understand the areas of disagreement, each party's objectives, and the possible solutions to the conflict. You may move into separate rooms at certain points during the mediation so that you can speak with the mediator in private. 

Isn't mediation a way for the other side to gain insight into my case?

Mediation is "without prejudice." That means that anything you say in mediation cannot be used against you in a civil lawsuit. It is possible to share information with the mediator on a confidential basis. If you have concerns, speak to your lawyer. If you do not have a lawyer, you may be able to obtain free legal advice through Pro Bono Law Ontario. Otherwise, please visit this site or this one or this one for information about representing yourself in litigation or mediation.